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ERIE RESISTOR CORPORATION v. UNEMPLOYMENT COMPENSATION BOARD REVIEW. (BURIN UNEMPLOYMENT COMPENSATION CASE.) (12/14/60)

December 14, 1960

ERIE RESISTOR CORPORATION, APPELLANT,
v.
UNEMPLOYMENT COMPENSATION BOARD OF REVIEW. (BURIN UNEMPLOYMENT COMPENSATION CASE.)



Appeal, No. 187, April T., 1960, by employer, from decision of Unemployment Compensation Board of Review, No. B-56856, in re claim of Eleanor S. Burin. Decision reversed and record remanded.

COUNSEL

Irving Olds Murphy, with him Gifford, Graham, MacDonald & Illig, for appellant.

Sydney Reuben, Assistant Attorney General, with him Anne X. Alpern, Attorney General, for Unemployment Compensation Board of Review, appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Montgomery

[ 194 Pa. Super. Page 279]

OPINION BY MONTGOMERY, J.

The claimant was last employed by the Erie Resistor Corporation, 644 West 12th Street, Erie, Pennsylvania. Her last day of work was March 31, 1959,

[ 194 Pa. Super. Page 280]

    upon which date a work stoppage occurred at the plant due to a labor dispute. Claimant had been on picket duty since the beginning of the strike and was so engaged on April 10, 1959.

On the same date Priscilla Boles, who was employed in the Diode Department, which was not part of the bargaining unit on strike, became ill at work. Her supervisor, Joan Dombrowiak, and another co-worker, Janet Kopes, accompanied the ill employee to the nurse's office on the opposite side of 12th Street. After leaving the nurse's office, Joan Dombrowiak and Janet Kopes intended to return to the plant. They attempted to enter at the main gate but were stopped by pickets. They tried another gate but that was also blocked by pickets. They then proceeded to a place where they intended to call their supervisors and report the situation. It is their testimony that they were followed by claimant and three other pickets. Both girls became frightened and ran in different directions. Joan Dombrowiak attempted to take refuge in a gas station. While she was pushing the door open, claimant, accompanied by the three other pickets, came up from behind and claimant struck her on the back. When she was safely inside she telephoned her supervisor and someone from the plant was sent to pick her up. She had a bruise on her back which when examined by the plant nurse had become discolored. When the incident was reported to the management, claimant was discharged.

The claimant denies that she struck Joan Dombrowiak or that she had ever seen her before the date of the hearing. She further contends that the reason for her unemployment was that she was replaced while on strike and was not recalled after the termination of the labor dispute on June 26, 1959.

The Bureau of Employment Security rendered a decision holding the claimant ...


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